Compliance

Appropriate Use of Student Labor

All students working in the Berea College Labor Program are provided a position description that outlines specific duties and learning opportunities. All positions retain a degree of flexibility to meet changing needs with the department. However, it is inappropriate and against College guidelines and Federal Work Study regulations to utilize student labor for personal / non-College-related gain (e.g., babysitting, errands, housekeeping, home maintenance, or other strictly non-work-related endeavors). Students can only be paid for work they were contracted to perform through their labor department.

Work Colleges Program- Federal Guidelines

The Higher Education Amendments of 1992 authorized the Work Colleges Program. Schools that satisfy the definition of “work-college” may apply with the U.S. Department of Education to participate in the program. A work-college may transfer funds from its allocation for the FWS Program and/or Federal Perkins Loan Program to fund the school’s Work Colleges Program.

The Work Colleges Program recognizes, encourages, and promotes the use of comprehensive work-learning programs as a valuable educational approach when used as an integral part of the school’s educational program and as a part of a financial plan that decreases reliance on grants and loans. The program also encourages students to participate in community service activities.

The term “work-college” is defined as an eligible institution that:

Is a public or private nonprofit school with a commitment to community service.

Has operated a comprehensive work-learning program for at least two years.

Provides students participating in the comprehensive work-learning program with the opportunity to contribute to their education and to the welfare of the community as a whole.

Requires all students who reside on campus to participate in a comprehensive work-learning program.

Requires providing services as an integral part of the school’s educational program and as part of the school’s educational philosophy.

A “comprehensive work-learning program” is defined as a student work/service program that:

Is an integral and stated part of the institution’s educational philosophy and program.

Requires participation of all resident students for enrollment, participation, and graduation.

Includes learning objectives, evaluation*, and a record of work performance as part of the student’s college record.

Provides programmatic leadership by college personnel at levels comparable to traditional academic programs.

Recognize the educational role of work-learning supervisors.

Includes consequences for nonperformance or failure in the work-learning program similar to the consequences for failure in the regular academic program.

*See the section on assessment for further details.

Job Descriptions

The Labor Status Form is considered a companion piece to the Job Description and will contain some the required information below. Each FWS position should have a job description (along with a status form) that includes the following:

The name and address of the student’s employer (department, public agency, nonprofit organization).

The purpose of the student’s job.

The student’s duties and responsibilities.

The job qualifications.

The job’s wage rate or range. (status form)

The length of the student’s employment beginning and ending dates. (status form)

The name of the student’s supervisor. (status form)

The job description has several purposes:

It clearly defines whether the job qualifies under the FWS Program.

It provides the information needed to explain the position to a student and help him/her select the type of employment most closely related to his/her education or career objectives.

It helps the financial aid administrator, the student, and the supervisor determine the number of hours of work required at the specified wage rate to meet a student’s financial need.

It establishes a written record, for both student and employer, of the job’s duties and responsibilities so that there will be no misunderstanding.

If a student is employed with an agency or organization that provides community services, the school should, as with any other FWS position, have a job description that includes the duties and the responsibilities for the position. Schools should use the job description to verify that the job meets the definition of community services in the FWS regulations.

Federal Work Study Employment During Periods of Non-Attendance

A student may be employed under FWS during a period of nonattendance, such as a summer or equivalent vacation period or the full-time work period of a cooperative education program. To be eligible for this employment, a student must be planning to enroll (or to re-enroll) for the next regular session. The student’s earnings during this period of nonattendance (earning minus taxes and job related costs) must be used to pay his/her cost of attendance for the next period of enrollment.

A student whose eligibility for summer FWS employment was based on anticipated enrollment in the subsequent term may fail to register or may decide to attend another school. When a student fails to register for the subsequent term, the school that employed the student must be able to demonstrate that the student was eligible for employment and that the school had reason to believe the student intended to study at that school in the next term. At minimum, the school that employed the student must keep a written record in its files showing that the student had accepted the school’s offer of admittance in the upcoming session.

A student in an eligible program of study abroad may be employed during the summer preceding the study abroad if he/she will be continuously enrolled in his/her American school while abroad and if the student’s study is part of the American school’s own program. In such a case, a student may be employed in a qualified position in the United States, at the American school’s branch campus in a foreign country, at a U.S. government facility abroad, or in an American company abroad.

Summer Graduates Requesting Extended Summer Labor Hours

Graduates enrolled in summer courses at Berea in order to complete a degree program are expected to work a minimum of 10 hours per week while in class. Once all course work is completed and the degree requirements have been satisfied, students are no longer permitted to work through the Labor Program.

Payroll Records

In school records, schools must distinguish expenditures for FWS compensation from other institutional expenditures. Program and fiscal records must include:

A payroll voucher containing sufficient information to support all payroll disbursements.

A non-cash contribution record to document any payment of the school’s share of the student’s earnings in the form of services and equipment.

A certification by the student’s supervisor, an official of the school (or off-campus agency) that each student has worked and earned the amount being paid. If students are paid on an hourly basis, the certification must include or be supported by a time record showing the hours each student worked in clock time sequence, or the total hours worked per day.

Accident Reporting

Should a student have an accident while working in their labor assignment, Public Safety should be notified immediately so that medical care can be provided. As well, the individuals responsible for workers compensation in Human Resources should be notified as well. Public Safety will complete an accident report and advise appropriate individuals with any follow-up recommendations. The Labor Program and Student Payments Office should also be notified of the incident as soon as possible.

Questions regarding Worker’s Compensation should be directed to the Human Resources Office, which works with a third party administrator to determine applicable benefits. When a student is off work due to an injury or illness, a “Release to Return to Work” slip will need to be signed by a physician and submitted to the Labor Program and Student Payments Office before further work is permitted.

When students request an adjustment in his/her hours requirements due to illness or injury, the request must be accompanied with documentation indicating the diagnosis, treatment and release dates along with any work restrictions and limitations.

Unemployment Insurance

College student workers are excluded from filing claims for unemployment compensation under the Kentucky Unemployment Insurance Act, KRS Chapter 341.

Employment Conditions and Limitations

The following provisions apply to all work, whether on or off campus.

Federal work study (FWS) employment must not displace workers (including those on strike) or impair existing service contracts. Also, if the school has an employment agreement with an organization in the private sector, the organization’s workers must not be replaced with FWS students. Replacement is interpreted as displacement.

The Fair Labor Standards Act of 1938, as amended, prohibits employers (including schools) from accepting voluntary services from any paid worker. Any student employed under FWS must be paid for all hours worked.

A student may earn academic credit as well as compensation for FWS job. Such jobs include but are not limited to internships, practica, or assistantships (e.g. research or teaching assistantships). However, a student employed in a FWS job and receiving academic credit for that job may not be:

Paid less than he/she would be if no academic credit were given.

Paid for receiving instruction in a classroom, laboratory, or other academic setting (e.g., enrolled in and serving as a TA for the same class).

Paid unless the employer would normally pay the person for the same job.

Americans with Disabilities Act (ADA)

The ADA prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress. To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered. Section 504 states "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under any program or activity that receives Federal financial assistance…” For more information see http://www.usdoj.gov/crt/ada/adahom1.htm or contact the Institutional Compliance Officer.

The Office of Disability and Accessibility Services at Berea College offers a broad range of services upon request. The office is currently located at 111 Lincoln Hall, ext. 3237.

Sexual Misconduct Policy

Section 1: Introduction

Berea College (the “College”) prohibits all forms of sexual discrimination, including Sexual Misconduct as described in this policy. The College is committed to addressing Sexual Misconduct in a manner consistent with applicable law. The College also is committed to raising awareness of issues relating to Sexual Misconduct and its prevention, providing training and continuing education for students, staff and faculty, and providing adequate resources for prompt assistance to victims of Sexual Misconduct.

Specifically, it is the policy of the College that designated faculty and staff members take immediate and appropriate steps to investigate and take action when the College knows or reasonably should know of possible Sexual Misconduct. When Sexual Misconduct is determined to have occurred, the College shall take prompt and effective steps reasonably calculated to end the misconduct, prevent its recurrence, and, as appropriate, remedy its effects. All complaints shall be processed in accordance with the procedures established in this policy.

It is also the policy of the College to protect any student, faculty, or staff member filing a complaint alleging Sexual Misconduct and to ensure that person’s safety as necessary, including taking interim steps to protect the person prior to the final outcome of any investigation.

The College is committed to resolving complaints promptly and equitably and to providing a safe and nondiscriminatory environment for all students, faculty, or staff members, free from Sexual Misconduct.This also includes complaints involving parties of the same sex.

Section 2: Scope of Policy

All of College’s students, faculty, staff, and campus visitors are covered by this policy. This policy applies on all College property, on all property at which the College holds educational programs or activities, and on all means of transport utilized by or on behalf of the College for students, faculty, and staff. This policy applies to all of the College’s educational programs and other activities. For purposes of this policy, all references to the campus shall include the College forest, farms, and other real property owned by Berea College.

Section 3: Assistance Following an Incident of Sexual Misconduct

The College offers assistance and non-judgmental support to any party involved in a claim of Sexual Misconduct. Both Complainants and respondents can expect to be treated with care and respect from the time the College becomes aware of an incident, through the entire process and afterwards. All parties are encouraged to utilize both on-campus and off-campus resources for assistance.

The College shall take prompt steps, as necessary, to protect a Complainant once the College has notice of a claim of Sexual Misconduct. The College shall take interim measures, including academic, residential, labor, and workplace accommodations, to protect the Complainant and witnesses as necessary while any criminal or campus investigation is underway and before the final outcome of any investigation. In the event of an alleged off-campus Sexual Misconduct incident involving a College program or activity, the College shall endeavor to protect the Complainant and the College community in the same manner as if the Sexual Misconduct had occurred on campus.

a. Immediate Assistance - In the event of Sexual Violence, various resources are available to students and other victims:

Trained on- and off-campus counselors who can provide an immediate confidential response in a crisis situation:

The Sexual Assault Response Team (SART) can provide the following resources and support and can be accessed by contacting: the Title IX Coordinator, a member of the Student Life Staff (Associate Vice President for Student Life, Student Life Team Members), Public Safety, Counseling Services, or College Chaplain.

Health care services are available as follows:

Off-Campus: (White House Clinic): 859-985-1415 *After hours/holidays, call St. Joseph Hospital (859-986-3151) and ask for the Physician on-call for Berea College health services

Off-Campus: (St. Joseph’s Hospital – Berea): 859-986-3151

A Sexual Assault Nurse Examiner (SANE) can be found or a rape kit can be obtained at:

Any victim of Sexual Violence should be aware of the options to seek treatment for injuries, preventative treatment for sexually transmitted diseases, and other services. Victims are encouraged to discuss with health care providers, campus officials, and/or first responders the option of seeking medical treatment in order to preserve evidence.

The College will provide counseling services without charge to a Complainant if the College determines that counseling is necessary as a part of its obligation to protect the Complainant while the investigation is ongoing. First responders shall consult with Complainants regarding what information needs to be withheld to protect each person’s identity. The College shall notify the Complainant of options to avoid contact with the alleged perpetrator and allow Complainant to change academic and extracurricular activities or Complainant’s living, transportation, labor, or workplace situation as feasible. The College shall ensure that the Complainant is aware of (a) Complainant’s Title VII or Title IX rights, (b) any available resources, such as victim advocacy, housing assistance, academic support, counseling, disability services, health and mental health services, and referrals to legal assistance, and (c) the right to report a crime to campus or local law enforcement. The College shall not dissuade a Complainant from filing a criminal complaint at any time before, during or after the College’s internal investigation.

b. Ongoing Assistance

Counseling, Advocacy and Support (On and Off Campus)

Counseling and support services for victims of Sexual Misconduct determined to be reasonably necessary by the College, whether or not a victim chooses to make an official report or participate in the College’s disciplinary process or criminal process, include:

The College can provide immediate steps and interim measures to ensure the safety and well-being of the victim, such as the ability (for students) to change residence halls, labor schedules, alter academic schedules, withdraw from/retake a class without penalty, access academic support (e.g., tutoring) and (for faculty or staff) change workplace schedules/arrangements.

The College may be able to provide additional interim measures for a Complainant while an investigation is pending, such as no contact orders and (for students) changing the alleged perpetrator’s living arrangements, course schedule, or labor assignment or (for faculty or staff) changing workplace schedules/arrangements.

Section 4: Title IX Coordinator

The President shall designate at least one employee to coordinate the College’s efforts to comply with and carry out responsibilities under Title IX. The current Title IX Coordinator is Joslyn Glover. Through publication of this Policy and other means, the College shall notify all students, faculty, and staff of the name and contact information for the Title IX Coordinator and other persons designated to assist as Title IX officers. The coordinator shall have knowledge of Title IX requirements, of the College’s policies and procedures on sex discrimination and of all complaints raising Title IX issues throughout the College. The College shall appropriately train the coordinator in all areas over which the coordinator has responsibility. The coordinator shall be informed of all reports and complaints raising Title IX issues, even if the report or complaint was initially filed with another individual or office or if the investigation is to be conducted by another individual or office. The Title IX Coordinator shall have the same knowledge, training and responsibilities as concerns the College’s obligations under Title VII.

Section 5: Definitions

As used in this policy, the following phrases and words shall have the meanings set forth below:

Complainant(s) – This term includes persons claiming to be a victim of Sexual Misconduct and, as appropriate, persons reporting Sexual Misconduct.

Consent - Verbal statements that a reasonable person would understand to mean a voluntary agreement to engage in sexual activity. Someone who is incapacitated, by age, intoxication, or other circumstances, cannot consent. Past consent does not imply future consent. Silence or an absence of resistance does not imply consent. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Consent can be withdrawn at any time. Coercion, force, or threat of either invalidates consent.

Counseling Employees - Pastoral and professional counselors employed by the College in these roles who are licensed by the Commonwealth of Kentucky and other non-licensed employees working under the direct supervision and control of licensed employees such that non-licensed employees are covered by the licensed employees’ statutory privilege.

Dating Violence - Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of the relationship, and Violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse, but it does not include acts covered under the definition of Domestic Violence.

Domestic Violence - A felony or misdemeanor crime of violence committed by: (a) a current or former spouse or intimate partner of the victim, (b) a person with whom the victim shares a child in common, (c) a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner, (d) a person similarly situated to a spouse of the victim under any applicable domestic or family violence laws, or (e) any other person against an adult or youth victim who is protected from that person’s acts under any applicable domestic or family violence laws.

Educational Setting - All of the College’s academic programs and other activities of whatever nature on the College’s campus, the College’s farms, forest, other property owned by the College and at every other location where the College conducts authorized programs or activities.

Incapacitation - Any situation in which a person is incapable of giving consent due to the person’s age, state of consciousness, use of drugs or alcohol, or an intellectual or other disability.

Intimidation - The intentional act of coercing or frightening someone to engage or not engage in conduct of a sexual nature against that person’s will.

Hostile Environment - “Hostile Environment” means activity or conduct involving Sexual Harassment that is sufficiently serious that it interferes with or limits a person’s ability to participate in or benefit from the College’s program.

Non-Consensual Sexual Contact - Any physical touching of a sexual nature that is not preceded by consent or that continues after a previous consent is withdrawn.

Non-consensual sexual intercourse - Any sexual intercourse that is not preceded by consent or which continues after a previous consent is withdrawn. “Sexual intercourse” includes vaginal or anal penetration by a penis, object, tongue, or finger and oral copulation.

Responsible Employees - The President, Vice Presidents of the College, the Title IX Coordinator and Title IX Officers, faculty members, labor supervisors, student life team members, resident advisors (RAs) and their supervisors, and College security officers are Responsible Employees.

Retaliation - The act of seeking revenge upon another person.

Sexual Assault - An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting program.

Sexual Exploitation - The abuse of a position of vulnerability, differential power, or trust for sexual purposes.

Sexual Harassment - Unwelcome conduct of a sexual nature. Sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a requirement of employment or participation in a College program or activity, or (2) submission to or rejection of such conduct by an individual is used as the basis for employment, grading or other College decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive working, academic, or campus environment.

The College recognizes two types of sexual harassment: quid pro quo (something for something) and hostile environment misconduct. Quid pro quo harassment occurs where sexual activity is sought in exchange for an actual, tangible job or academic benefit. Hostile environment misconduct takes place where the conduct creates an environment in which an individual’s professional or academic performance is impaired or such person’s ability to function within the College community is hindered.

Sexual Violence - Physical sexual acts perpetrated against a person’s will or with a person who suffers from incapacitation. “Sexual Violence also means same-sex conduct that violates the College’s prohibition on Sexual Violence. Sexual Violence includes, but is not limited to, instances of Sexual Assault.

Sexual Misconduct - Any act of Sexual Harassment, Sexual Violence, Sexual Assault, Non-consensual Sexual Contact, non-consensual sexual intercourse, Sexual Exploitation, stalking, intimidation, Dating Violence, or Domestic Violence, or any act that creates a Hostile Environment or any act of retaliation against a Complainant or anyone involved in a grievance procedure under this policy.

Stalking - Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for the person’s safety or the safety of others, or (b) suffer substantial emotional distress. As used in this definition, “course of conduct” means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens or communicates to or about a person, or interferes with a person’s property; “substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling; and “reasonable person” means a person under similar circumstances and with similar identities to the victim.

Title IX Coordinator - The person designated as such by the President of the College or a person temporarily designated by the Title IX Coordinator to serve in that capacity during the Title IX Coordinator’s incapacity or absence from the College’s campus.

Section 6: Reporting Policies and Protocols

The College encourages victims of Sexual Misconduct to talk to somebody about what happened so victims can get the support they need and so that the College can respond appropriately. Different employees on campus have different abilities to maintain a victim’s confidentiality:

Some employees (Counseling Employees) are required to maintain near complete confidentiality; talking to them is sometimes called a “privileged communication.”

Some employees (Responsible Employees) are required to report all of the details of an incident (including the identities of both the victim and the alleged perpetrator) to the Title IX Coordinator. A report to these employees (called “Responsible Employees”) constitutes a report to the College - and generally obligates the College to investigate the incident and take appropriate steps to address the situation.

Other employees (employees that are neither Counseling Employees or Responsible Employees) may talk to a victim in confidence, and report to the College that an incident occurred without revealing any personally identifying information. Disclosures to these employees will not necessarily trigger a College investigation into an incident against the victim’s wishes.

This policy is intended to make all persons, including students and their parents, if appropriate, aware of the various means of reporting and confidential policies available to them - so they can make informed choices about where to turn should they become a victim of Sexual Violence and so they will know how to report any problems which may subsequently arise.

a. Reporting Required - All College faculty and staff must be aware of their own reporting responsibilities and the importance of informing Complainants of (a) the reporting requirements of Responsible Employees, (b) Complainants’ option to request confidentiality and available confidential advocacy, counseling, or other support service, and (c) Complainants’ right to file a Title IX complaint with the College and to report a crime to campus or local law enforcement. All Responsible Employees shall report incidents of Sexual Violence to the Title IX Coordinator, subject to the exemption for the College’s Counseling Employees.

b. Responsible Employees - Responsible Employees shall report to the Title IX Coordinator all relevant details about the alleged Sexual Violence that the student or other person has shared and that the College will need to determine what occurred and to resolve the situation. Before a person reveals information that the person wishes to keep confidential, a Responsible Employee should make effort to ensure that the victim understands: (a) the Responsible Employee’s obligation to report the names of the alleged perpetrator and victim involved in the alleged Sexual Violence, as well as relevant facts regarding the alleged incident to the Title IX Coordinator or other appropriate College officials, (b) the victim’s option to request that the College maintain the victim’s confidentiality which the College will consider, and (c) the victim’s ability to share the information confidentially with counseling, advocacy, health, mental health, or sexual-assault-related services. Student Life Team Members and all Responsible Employees shall report the names of the alleged perpetrator (if known), the person(s) who experienced the alleged Sexual Violence, others involved in the alleged Sexual Violence, as well as relevant facts, including the date, time and location to the Title IX Coordinator. Responsible Employees do not need to determine whether the alleged Sexual Harassment or Sexual Violence actually occurred or that a Hostile Environment has been created before reporting an incident to the Title IX Coordinator.

c. Requests for Confidentiality - Upon receipt of a complaint of Sexual Violence, the College must act immediately to protect the Complainant while keeping the identity of the Complainant as confidential as reasonably possible. The Title IX Coordinator and other appropriate College personnel shall determine, consistent with state and local law, whether appropriate law enforcement or other authorities should be notified. The coordinator shall evaluate requests for confidentiality and determine when such requests shall be honored. The coordinator shall make reasonable efforts to respect requests for confidentiality. In the event the College determines that it can respect the Complainant’s request for confidentiality, the College shall take all reasonable steps to respond to the complaint consistent with the request and to determine what interim measures are appropriate or necessary. In the event the College determines it must disclose the Complainant’s identity to an alleged perpetrator, the College shall inform the Complainant prior to making the disclosure.

d. Reporting Options - Complainants may use any combination of the following options to report Sexual Misconduct:

1. Criminal Complaint - Criminal complaints are filed with local law enforcement officials and the College is not involved in that process. Criminal complaints can be filed with the following agencies:

Berea City Police: 859-986-8456

Kentucky State Police: 859-623-2404

2. Institutional Complaint - Institutional complaints are filed with the College, and upon receipt of the complaint, the College will initiate an investigation by the College in accordance with this policy. If you wish to file an institutional complaint, you may file a complaint with the Title IX Coordinator. The names and contact information for the College’s Title IX Coordinator and assisting Title IX Officers are:

Institutional complaints can also be filed with the following offices:

Student Life: 859-985-3158

Public Safety: 859-985-3333

Human Resources: 859-985-3070

3. Report to Responsible Employees - Reports made to Responsible Employees, including Student Life Team Members are required by federal law to be relayed to the College’s Title IX Coordinator and will initiate an investigation by the College in accordance with this policy. Responsible Employees are identified in Section 5. Responsible Employees can be found around campus. The Title IX Coordinator is a Responsible Employee. You can report Sexual Misconduct to any responsible employee.

4. Privileged and Confidential Reporting - Either as an alternative to the reporting options listed above or in lieu of reporting Sexual Misconduct to the individuals or offices listed above, persons may make privileged and confidential reports of Sexual Misconduct to certain health or mental health providers or to certain pastoral counselors. Reports to these persons are privileged and will remain confidential so long as the alleged perpetrator does not represent a threat to one's self or to others. Privileged and confidential reports may be made to:

Off Campus Health Provider and Contact Information:

White House Clinic: 859-985-1415 *After hours/holidays, call St. Joseph Hospital (859-986-3151) and ask for the Physician on-call for Berea College health services

Reports of Sexual Misconduct may be made by third parties (individuals who were not the alleged victim or perpetrator) or anonymously to the Title IX Coordinator or any other Responsible Employee. Requests for amnesty from drug, alcohol, and other student conduct policies should be directed to the Title IX Coordinator who shall consider the request and make a recommendation to the President or Vice President for Student Life if the coordinator believes the request should be approved in order to further the objectives of this policy. The President or Vice President for Student Life may approve or disapprove the request after considering all of the College’s interests.

e. Reporting under the Clery Act - The College has various reporting obligations under the Clery Act which promotes campus safety by ensuring that students, employees, parents and the broader community are well-informed about important public safety and crime prevention matters. Details about the College’s reporting obligations under Clery may be obtained at:

Depending on the circumstances, the Clery Act may also require the College to issue timely warnings to the campus community about crimes that have already occurred but may continue to pose a serious or ongoing threat to students and employees. Certain Campus Security Authorities (CSAs) are required to report information gathered during the investigation of criminal activity. These CSAs include Berea College Public Safety Officers and local law enforcement officers. These CSAs will typically be required to document incidents in a fashion that contains personally identifiable information about the parties involved and witnesses. Other CSAs, such as College officials, are not typically required to report personally identifiable information.

Section 7: Investigation and Grievance Procedures

The College has adopted and published institutional procedures for the investigation and resolution of discrimination and other complaints, including complaints of Sexual Misconduct under this policy. These procedures are published online in the Student Handbook, Faculty Manual, and College Catalog. You can access the procedures here.

Section 8: Prevention and Education

This policy shall be accessible to persons with disabilities. This policy, reporting forms, information and training shall be accessible to students who are English language learners. This policy shall be distributed on campus in such a way that all persons, regardless of their immigration status, including undocumented students and international students, are aware of their rights under applicable law. State and federal laws prohibit retaliation against the Complainant, anyone who files a third-party report, any witness or anyone who otherwise participates in the investigative and/or disciplinary process, and the College will take steps to prevent retaliation and strong responsive action if it occurs, including any retaliatory actions by College officials. The College must routinely take steps to inform students that the College’s primary concern is student safety and that the use of alcohol and drugs never makes the survivor at fault for Sexual Violence.

Resident Advisors - As noted above, RAs are Responsible Employees. In cases of Sexual Misconduct involving students, RAs shall explain to the student (before the student reveals confidential information) that although the RA must report the names of the perpetrator and the Complainant and other relevant facts to the Title IX Coordinator or other designated College officials, the College will protect the student’s confidentiality to the greatest extent possible. RAs shall provide students with information regarding on-campus resources, including victim advocacy, housing assistance, academic support, counseling, disability services, health and mental health services, legal assistance, and the local rape crisis center or other off-campus resources.

Sexual Violence and Prevention Program - The College’s Sexual Violence and Prevention Program (SVPP) shall clearly identify the offices or individuals with whom students, faculty, and staff can speak confidentially. The SVPP shall clearly identify the offices or individuals who can provide resources such as victim advocacy, housing assistance, academic support, counseling disability services, health and mental health services, and referrals for legal assistance. The SVPP shall identify the College’s Responsible Employees. The SVPP shall explain that if an incident is reported to a Responsible Employee, that employee is required to report the incident to the Title IX Coordinator or other appropriate official, including the names of the alleged perpetrator and victims involved in the Sexual Violence, the date, time, and location. Information concerning the College’s SVPP is available online at: http://www.berea.edu/.

Bystander Intervention - The College shall utilize bystander intervention as a tool to prevent Sexual Misconduct. In implementing the bystander-focused prevention methods, the College shall implement the common components of bystander intervention and delivery methods found at: https://www.notalone.gov/assets/bystander-summary.pdf.

Campus Assessments - The College shall conduct climate surveys in accordance with the guidelines found at: https://www.notalone.gov/assets/ovw-climate-survey.pdf. In addition, the College shall aggregate data about Sexual Violence incidents on campus in order to identify patterns or systemic problems related to Sexual Violence.

Educating Students - The College shall conduct programs to educate students about the College’s Sexual Misconduct policy at least once each calendar year. At Sexual Violence awareness events, the College shall provide information on (a) Title IX, (b) how to file a Title IX complaint with the College, (c) resources available to Sexual Violence victims such as counseling, mental health and health services, and (d) options for reporting an incident of Sexual Violence to campus or local law enforcement. The College shall provide education programs for students to promote the awareness of rape, acquaintance rape, Domestic Violence, Sexual Assault, and stalking, which shall include:

primary prevention and awareness programs for all incoming students and new employees, which shall include:

a statement that the College prohibits the offenses of Domestic Violence, Dating Violence, Sexual Assault, and stalking;

the definition of Domestic Violence, Dating Violence, Sexual Assault, and stalking in the state of Kentucky and under this policy;

the definition of consent, in reference to sexual activity, in the state of Kentucky and under this policy;

safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of Domestic Violence, Dating Violence, Sexual Assault, or stalking against a person other than such individual;

information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks;

information described in 20 U.S.C. 1092(f)(8)(B)(ii) through (vii); and

ongoing prevention and awareness campaigns for students, faculty and staff, including the information described in clauses (a) through (f) of subparagraph 1 above.

Section 9: Training

Student Training - The College shall provide training for students, which shall include: (a) encouragement to report incidents of Sexual Violence, (b) information on how to report Sexual Violence to campus safety or local law enforcement and the ability to pursue law enforcement proceedings simultaneously with a Title IX grievance, (c) general information on Title IX, (d) what constitutes Sexual Violence under the College’s policies, (e) the College’s definition of consent as applicable to sexual conduct, including examples, (f) information on when unwelcome sexual conduct creates a Hostile Environment, (g) places where students can seek confidential support services, (h) reporting and confidential disclosure options, (i) grievance procedures used to process complaints of Sexual Violence (and other forms of Sexual Misconduct), (j) disciplinary code provisions relating to Sexual Violence (and other forms of Sexual Misconduct) as well as the consequences of violating those provisions, (k) effects of trauma on victims (l) the role alcohol and drugs often play in Sexual Violence incidents, including the deliberate use of alcohol and/or other drugs to perpetuate Sexual Violence, (m) strategies and skills for bystanders to intervene to prevent possible Sexual Violence, (n) Title IX’s protections against retaliation, (o) persons on campus to whom students can confidentially report incidents of Sexual Violence, (p) an explanation that students do not need to determine whether incidents of Sexual Violence or other Sexual Harassment created a Hostile Environment before reporting the incident, and (q) other information relevant to reducing or eliminating incidents of Sexual Misconduct and mitigating its effects.

Resident Advisers Training - The College shall provide the following training for Resident Advisers: (a) information on how and where students can seek confidential support services, (b) contact information for local rape crisis centers or other off-campus resources so that RAs can provide this information to students, and (c) reporting and other responsibilities for RAs as Responsible Employees under this policy.

Faculty and Staff Training - The College shall provide training, on an annual basis, for all faculty and staff about Sexual Misconduct and the prohibition of sexual discrimination, including Sexual Misconduct, under this policy. Training shall include practical information about (a) how to prevent and identify Sexual Violence, including same-sex Sexual Violence. (b) behaviors that may lead to and result in Sexual Violence; (c) the attitudes of bystanders that may allow conduct to continue; (d) the potential for revictimization by responders and its effect on students or other victims; (e) appropriate methods for responding to a student or other victim who may have experienced Sexual Violence, including the use of nonjudgmental language; (f) the impact of trauma on victims; and (g) the person(s) to whom such misconduct must be reported.

Special Training for Responsible Employees - Responsible Employees are those employees defined in Section 5. Responsible Employees shall be trained so that they will know how to respond properly to Sexual Misconduct complaints.

Special Training for Title IX Coordinator and Others Involved in Grievance Procedure - The College shall require training for the Title IX Coordinator, others who receive complaints, investigators, and grievance adjudicators

Special Training for Pastoral and Professional Counselors - The College shall instruct pastoral and professional counselors to inform students:

Of their right to file a Title IX complaint with the College and a separate complaint with campus or local law enforcement.

They are available to assist the student in filing such complaints.

Title IX includes protections against retaliation.

College officials will not only take steps to prevent retaliation but also take strong responsive action if it occurs.

Pastoral and professional counselors shall be trained to ensure that they understand the extent to which they may keep a report confidential and to avoid disclosing personally identifiable information.

Approved by Administrative Committee: March 31, 2015; April 7, 2015

Approved by General Faculty Assembly: April 7, 2015

Adopted by the Board of Trustees: April 18, 2015

Effective Date: August 1, 2015

Nondiscrimination Policy

It is the policy of Berea College not to discriminate on the basis of race, color, religion, national origin, ethnicity, age, sex, physical or mental disability, pregnancy status, marital status, sexual orientation, gender identity, genetic information or covered veteran’s status in its admissions policies and all of its programs, activities or employment practices. This policy is intended to comply with the requirements of Title VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, regulations of the Internal Revenue Service, and all other applicable federal, state and local statutes, ordinances and regulations.

Approved by the General Faculty Assembly (December 2015) and the Board of Trustees (April 2016).

The following persons have been designated to handle inquiries regarding the nondiscrimination policies:

Title:

Vice President for Diversity and Inclusion

Name:

Linda Strong-Leek

Address:

CPO 2204

Telephone No.:

859-985-3205

Title:

Title IX Coordinator and ADA Coordinator

Name:

Josyln Glover

Address:

CPO 2075

Telephone No.:

859-985-3606

Community Aspirations Statement

Berea College strives to create a rich learning community that welcomes and respects “all peoples of the earth.”[1] In the context of the Great Commitments[2] and its long-standing tradition of “impartial love,” Berea seeks to provide a community of social equality that is welcoming of diversity. For that reason, discrimination of any form is contrary to Berea’s values. This includes, for example, any personally identifiable differences such as those identified in the non-discrimination statement,[3] but also extending to national or regional origin, accent or dialect, and cultural background.

A number of groups contribute to the Berea College community. Faculty are appreciated and value one another for their academic talents, participation in the shared task of responsible instruction, engaged advising of students, and labor supervision. Administrators and staff members engage in all facets of the campus and participate in the education of students through operation of Centers and departments, provision of learning resources such as the library and information technology, participation in residential education, and supervision within the Labor Program. Students inspire one another and members of the community through stories of enterprise and initiative, by taking full advantage of the learning opportunities offered by the College, and moving on to lives of service and accomplishment. In their relationships and in their academic work and labor, students conduct themselves with honesty and integrity.

Interactive relationships and engagement not only within but also between these groups form the foundation of Berea’s academic community. Members of each group learn from and educate the others. Faculty and staff partner in providing an engaged and transformative educational experience for all of Berea’s students and enjoy learning from one another as colleagues. This rich learning community encompasses students as well, both when they are on campus and later when they are in the world as Berea graduates. Learning in the Berea community is mutual and reciprocal, and governance is shared and collaborative.

Berea College values freedom of expression and collegiality. Education and edification both proceed through rich engagement and honest sharing of knowledge, perspectives, and insights. Hindrances to dialogue and free expression can very much impede learning. The concept and application of academic freedom at Berea College protect these values and are articulated in the Faculty Manual.[4] While these rights and responsibilities specifically apply to teaching faculty at the College, they should also be taken as a guide for other members of the community, along with the Workplace Expectations.[5] Dialogue, engagement, and learning, however, can also be limited when prejudice, discrimination, or insensitivity result in the discouragement and silencing of members of the community. The Berea College community functions best when all members are doing everything possible to learn from one another, when all make charitable assumptions regarding the intent of others, and when all value rich dialogue and commit to responsibility and sensitivity in their engagement with others.

Relationships extending beyond the College are also important, and in all these interactions members of the College community strive to be good neighbors, as does the institution itself. The College values the good will and respect of the City and its residents as well as that of visitors to the area. Bereans are aware that their dealings and activities will influence views of others about the school and its mission. They aim to be good citizens and to participate actively and positively in civic life, striving to conduct their affairs so as to enhance the quality of life for all, and respecting the property and interests of others. Bereans realize the value and necessity of challenging one another and those others who share this place with us for purposes of education and to promote necessary social change, but endeavor to do so in ways that avoid the giving of unnecessary offence.

This statement of community aspirations describes the values that the students, faculty, staff and alumni of Berea College are encouraged to endorse and to uphold. This statement does not mandate these values and is not intended to restrict any person’s conscience or academic or personal freedoms. It is hoped that all Bereans will choose to make these values their own and to live by them on campus, in the local community, and in the wider world.

Occupational Safety and Health Administration (OSHA)

OSHA's mission is to ensure safe and healthful workplaces in America. Since the agency was created in 1971, workplace fatalities have been cut in half and occupational injury and illness rates have declined 40 percent. Contact the OSHA Manager in Environmental Health and Safety at Berea College for more information or visit www.osha.gov.

Family Educational Rights and Privacy Act (FERPA) and USA Patriot Act

FERPA gives parents certain rights with respect to their children's education records and personal information. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students." Records and information of students can only be released with consent of the eligible party. There are exceptions to FERPA's general prior consent rule that are set forth in the statute and the regulations. One exception is the disclosure of directory information, which is defined as follows:

FERPA defines "directory information" as information contained in the education records of a student that would not generally be considered harmful or an invasion of privacy if disclosed. Typically, "directory information" includes information such as name, address, and telephone listing, participation in officially recognized activities and sports, and dates of attendance. A school may disclose "directory information" to third parties without consent if it has given public notice of the types of information which it has designated as "directory information, the eligible party has the right to restrict the disclosure of such information The means of public notification may include publication in various sources, including newsletter, local newspaper, or student handbook. The school may also include the "directory information" notification as part of the general notification of rights under FERPA. The school does not have to notify a parent or eligible student individually.

The USA Patriot Act of 2001 allows senior federal justice officials to obtain a court order requiring an institution to turn over educational records in connection with a terrorism investigation or prosecution. The request must be based on specific facts, giving reason to believe that the records are likely to contain relevant information. The information-gathering powers of the USA Patriot Act apply only to a crime of terrorism. Law enforcement officials seeking educational records in connection with any other crime still must obtain a subpoena.

If a student wishes to restrict access to directory information to others not specified in the FERPA and USA Patriot Act, a written notice should be submitted to the Vice President of Student Life, preferably before completion of registration for the first term of the academic year.